I recently started the process to rent an apt from a landlord.I gave him the application to send to the association for approval,the security deposit and first months rent.I called the association and they told me i would get an answer in two weeks.Once two weeks passed i get a call from the landlord telling me i got approved and to come get the key.I was very excited picked up the key and the next day i took all my stuff to the apt.While moving in i got a knock on the door and it was the president of the association telling me this apt is not for rent because the landlord owes them over twenty thousand dollars.He also told me the landlord is in the process of getting the property taken away.The president told me to call the landlord and tell him to get my money back.I have receipts of the amount of money i gave him so how do i go about getting my money back and what if he refuses what legal action can i take? Please help (first time renting)
Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
12y
Seeing as the association is owed money from him they would probably be inclined to help you get his correct contact information if he gave you fake contact information.
Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
12y
Is your plan to move out of the unit, due to what the President said?
I would request a refund in writing with your reason as to why you are requesting a refund, with a specific time frame for the landlord to respond. You can go to the tax assessors office for the mailing address of the landlord, send the letter certified with a return receipt.
Longview, TX · Member since 2012 · 368 posts · 131 votes
12y
Daniel Gonzalez Are you in the condo now? It may be difficult to file a police report if you are in possession.
Based on your description, it appears the President has no legal interest in the property. His grievance with the landlord, assuming he's got no legal interest in the property, is not your problem today.
Even if the landlord loses the property, there are laws that govern how a tenant at will is treated by the new owner.
I would begin formulating a backup plan in the event things do go south.
i have not moved all my stuff and the president said my application was never looked over because. Of the amount of money he owes the association.The landlord is not supposed to rent it to anyBody.
Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
12y
The best policy is to vet the landlord when you get ready to rent and get a copy of their drivers license writing down the plate number on their car and if the landlord balks at showing his/her license, they are running a scam.
i have not moved all my stuff and the president said my application was never looked over because. Of the amount of money he owes the association.The landlord is not supposed to rent it to anyBody.
Did you sign a lease? If you've got a lease and possession of the property then I don't see how any of this burden can fall to you. If you don't have a lease and/or possession of the property, then you'll probably have to take the landlord to court (get in line).
Real Estate Investor · Lansdowne, PA · Member since 2013 · 1k+ posts · 656 votes
12y
HOA's set the condominium bylaws in any city/state USA. It sounds like they are in dispute with their property manager ergo lots of drama coming your way, unfortunately, since the unit you've just leased is the center. You should find out your rights as a tenant (although you haven't fully moved-in) you do have the keys, lease-agreement and receipt of payment you definitely have rights. Definitely seek counsel on securing your payment in full asap. Here's a link to start
Dallas, TX · Member since 2013 · 4k+ posts · 744 votes
12y
Don't let the HOA's scare you stand your ground, and if you were done wrong, I bet there is a really hungry news reporter in your area would love a good story, and HOAs don't like the news media.
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
12y
The HOA has the right to approve/disapprove rental Applicants, and they have to be consistent in their rejections. I don't know that they can prevent the owner from renting it (maybe they have the right to disapprove all tenants in that case) but they Do have the right to restrict the occupant from common amenities (pool, gym,etc). The association does have right to collect the rent from you, when the owner is delinquent. Talk to the association guy you talked to before, and discuss. Even though they have the right to approve tenants,I don't know if they have the right to "evict you". In any case, in light of the scum bag owner you're dealing with, I'd 1) finish moving in 2) talk to the association rep and offer to pay your rent to them, after they send you a proper demand letter to seize the rent, as allowed under Fl statutes. This would protect you from eviction by the owner. If you have a signed lease, for something resembling market rent, you'll be able to stay for the duration of the lease, provided it isn't an owner/occupant buyer, which would be unlikely. I'm not a lawyer, just a shmuck typing on the interenet, so no legal advice. If you want to PM me the address, I can tell where the foreclosure cases stand, and if they are indeed close to any auctions.